The South western news., 1887-05-04
The Brad y Bill.
Dare nobly, hen; but consciors
of your trust,
As ever warm and bold be even


As ever warm and bold be even
Just T;
Nor court applause in these degen-
crate days
To be censured often is, extor>
fed nrane.
But chief, he steadv'in noble end,
And show mankind, that truth
has yet friend.
Ills wrong for empty praise of Wi
to write,
As fopinns grin, to show their
teeth are white"
When was invited by Rev. r
w Davis, and accepted the invita-
ton to reply to his first editorial
endorsement of the Prady Bill, /
did rot suppose that in replying, ]
would be "held up" to the public
as dehater, whose opinions might
be biased on account of heing a
dealer in fertilizers end personally
interested in tie Bill. As I ran q
dealer, however, shall make no
defense on that liHe, but will leave
the verdict as to the merit of nv
position and argument. to an intel.
lipcnt and fair miaded public. j
regret that Mr.. Davis so miscon-
strued my language as to make it
appear, that ! supposed that if the
Bill was passed at the summer ses-
sion that it would he retroactive or
ex post facto, / we'll knew that the
Bill, if hereafter made a law would
not in the lecst affect this years
transactions, as that would be re.
trosctive ard ex rost facto "to all
intcnts and purposes" I merely
quoted from tie Constitution such
lotcs os ore forbidden IN the same
corncctjoa ard arPucd so'elg on i'm.
pairing the obligation Of contract.
Mr.. Davis fries to draw some
Kind Of analogy between the usury
laws and the Prody Bill This i
unfortunate for him, rs he heirg :
Minister should read lis Tile
and t ere learn that Usury laws
are Of Divine authority, and have
been adopted, so tar as / am in
formed by all states and confeders
tons. and | do not think that he
could find, even in the Arochra-
pha, any shadow Of authority for
such q monstrosity as the
Rrady Rill proposes. Rv way o.
DEPRESSION I viii soy without dis
cuFs'rg tie exrcdicncy of I-sur,
laws that SIS Tracticed, they ne il
no Instances inimical to, end sub
rersive of, the very end for whicl
they were intended, that is the pro
lection of the poor man. end are life
many OF the prohibition laws
(which do not prohibit" If State
should make an enactment setting
forth that party although having
signed written obligation not t.
plead failure of consideration, vet
may be allowed to plead failure o.
consideration, does not impair the
obligation Of a contract, then it seems
to me that nothing would. If sucl
proceeding would not lie prepos>
trous and absurd, then NOTHING
would. IF TO charge, (Which Is
implied in the Brady BID that
farmers continue to purchase from
year to wear excessively, an article
in which they are swindled, IS not
a reflection on their Intelligence,
then nothing would be. If to
charge that the farmers of Gooreif
desired, and needed law, to, say
that, although they may rake q
written obligation, that they should
not be made to abide the written
obligation, is not a reflection or
their honesty, then nothing would
he. For party to waive right to
plead failure of consideration. as
to results from fertilizers, is no
more Of a reflection on his intelF.
gence and honesty, than to waive
right to homestead exemption
Nor is it true, as N'r. ravis init.
mates, that unusual or unjust Sc
curly is required of purchaser of
fertilizers, and only such security
is required as is usual in business
transactions. and indeed the gen
tleman said in his first editorial en-.
dorsen ent OF the Brady Bill, that
credit in fertilizers was 80 easily
obtained that it was a tempting
bait and caused many to buy more